Terms of Use

This document/agreement (hereinafter referred to as “Agreement”) sets forth the Terms (hereinafter referred to as “Terms”) that apply to the access and use of the website www.exploringtourism.com and its country-specific affiliated websites (collectively referred as “Platform”) which provides information regarding custom tour and travel packages to tourists in various countries through destination partners (hereinafter referred to as “Enquiry Management System”) and is managed and operated by MVM Infotech Private Limited (hereinafter referred to as “We/Our/Company”) is a company incorporated and registered under the Companies Act, 2013 having CIN U72900UR2021PTC013425 and having its registered office at B-214 Tower B, the Forest Residency, Dehradun, Uttarakhand, India (hereinafter referred to as “Company”). For the purpose of these Terms, including the Privacy Policy Statement, “You”, “Your” or “User” shall mean the visitor(s) who are browsing and/or registering on the Platform

By using the Platform or accepting these Terms when prompted, You are confirming your acceptance to be bound by the provisions of these Terms, including the Platform Privacy Policy Statement.,

These Terms are a legally binding document and are an electronic record as prescribed under the terms of Information and Technology Act, 2000 and rules made thereunder and is generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that provides for the due diligence to be exercised for the access or usage of this Platform.

These Terms govern the access and use of the Platform of the Company and the Enquiry Management System provided thereunder. Please read these Terms carefully and if you do not agree to accept these terms, please do not use this Platform and its Enquiry Management System. The User (unless specified or apparent from the context, shall refer to any individual or the entity using the Platform to avail Enquiry Management System as mentioned under Clause 1.7 by accepting the Terms or by accessing, downloading, installing, browsing or otherwise using the Platform agree that the User have read, understood, acknowledged and accepted these Terms and use of the Company’s Platform and Enquiry Management System. This Agreement along with Privacy Policy describes the relationship of the Company and Users which will be subject to the rules, guidelines, policies, terms and conditions applicable to any Service that is provided by the Company through this Platform and shall be considered as part and parcel of these Terms.

PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THE PLATFORM SHALL CONSTITUTE DEEMED ACCEPTANCE OF THESE TERMS AND CONSTITUES A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS STATED HEREUNDER.

Definitions
1. Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of Company, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, and copyrighted works, notes, agreements/contracts entered by the Company, formulas, in-house software’s, VPN etc. Intellectual Property of the Company also extends to the content made available to its Users.
2. Tourist(s) shall mean all such visitors on the Platform who register on the Platform to connect with Destination Partners.
3. Destination Partner(s) shall mean all such tour and travel agents/companies/entities who sign a partnership agreement with the Company to use the Enquiry Management System to connect with Tourist(s).
4. Personally Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by the Company which is sufficient to identify the individual.
5. Privacy Policy means policy as defined under clause 11 amended from time to time.
6. Enquiry Management System shall mean the service provided on the Platform to Destination Partner(s) and Tourist(s) to connect and communicate with each other for planning custom tour packages. For details regarding the usage of Enquiry Management System, please refer to clause 6 of these Terms.
7. Terms means these terms and conditions as may be amended from time to time.
8. In these Terms, unless the context otherwise requires
  
  a. The expressions/words referred to in these Terms shall, unless defined otherwise or inconsistent with the context or meaning thereof, bear the meaning ascribed to them under the relevant statute/ legislation.
  
  b. Reference to statutory provisions shall be construed as meaning and including references also to any amendment or re-enactment (whether before or after the date of this Agreement) for the time being in force and to all statutory instruments or orders made pursuant to such statutory provisions.
  
  c. Any reference to Privacy Policy or other document as of a given date means the Privacy Policy or other document as amended, supplemented and modified from time to time through such date.
  
  d. Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
  
  e. Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of these Terms or the annexure hereto and shall be ignored in construing the same.
  
  f. The terms “hereof” “herein” and “herewith” or similar expressions used in these Terms mean and refer to these Terms and not to any particular clause of this Agreement.
  
  g. Unless otherwise specified in a particular case, reference to days, months and years are to calendar days, calendar months and calendar years, respectively.
  
  h. Any reference to “writing” shall include printing, typing, and other means of reproducing words in visible form as stipulated in these Terms and shall include electronic mails.
  
  i. The words “include” and “including” are to be construed without limitation unless the context otherwise requires or unless otherwise specified.
Purpose
1. The Platform is developed by the Company as an intermediary platform connecting Destination Partner(s) with Tourist(s) seeking custom tour and travel packages.
2. Neither the Platform nor the Company provides any tour and travel packages directly to Tourist(s).
3. User hereby represents and warrants that You are not barred or otherwise legally prohibited from accessing or the Platform under the laws of Your applicable jurisdiction.
Use to be in Conformity With The Purpose
1. The Platform that is subscribed/offered to or used is meant for the Purpose and only the exclusive use of the User.
2. Copying, downloading, recreating , sublicensing or sharing in any manner the content made available on Platform which is not in accordance with these Terms, is a misuse of the Platform or service(s) and the Company reserves its rights to act in such manner as to protect its loss of revenue, reputation or claim damages including stopping your Service or access and reporting to relevant authorities.
3. In the event the User is found to be copying, misusing, transmitting or crawling any data or photographs or graphics or any information available on the Platform for any Purpose other than that being a bonafide Purpose, the Company reserves the right to take such action that the Company deems fit including stopping access and claiming damages.
4. The User gives the Company the permission to use the information about actions that the User has taken on the Platform in connection with ads, offers and other content (whether sponsored or not) that is displayed across the Platform and the Enquiry Management System available on the Platform, without any compensation to the User. The Company can use data and information about the User to make relevant suggestions and recommendations.
5. Whilst using this Platform an obligation is cast upon the User to only provide true and correct information and in the case of creating a profile the User undertakes to, at all times, keep the information up to date. The Company shall not be liable on account of any inaccuracy of information on the Platform. It is the responsibility of the User to further research the information on the site.
6. The Company shall not share PII of any User with other companies / entities without obtaining permission except with those acting as the Company’s agents and the sister concerns of the Company. For further details please refer to the Privacy Policy of the Platform.
7. The Company shall share all such information that it has in its possession in response to legal process, such as a court order or subpoena.
8. The User shall not utilize the Enquiry Management System offered by the Platform/Company in any manner so as to impair the interests and functioning of the Platform/Company. The User undertakes not to duplicate, download publish, modify and distribute material on the Platform unless specifically authorized by the Company in this regard.
9. Users who violate these Terms may have their access and use of the Platform suspended or terminated, at Company’s discretion.
10. If the User, at any time during its use of the Platform, made a misrepresentation of fact to the Company or otherwise misled Company in regards to the nature of User’s business activities, the Company reserves the right to terminate User’s account and access to the Platform.
Registration
1. In order to use the Platform and avail the Enquiry Management System, User may opt to contact the Platform via either of the following:
  1. Contact the Platform by filling out the form and providing the following PII:
    
    a. Name
    
    b. Email Address
    
    c. Nationality
    
    d. Telephone Number
    
    e. Travel Details
    
    f. Any particular request for customising the tour and travel package
  2. Email the Platform at [email protected] and provide the aforementioned PII for submitting the enquiries.
2. The User understands that upon contacting and sharing the PII with the Platform as provided in the aforementioned clauses, the User shall automatically be registered and his/her enquiry will be shared with the Destination Partner.
3. On successful registration, a secure link to access the Enquiry Management System in order to communicate with the Destination Partner will be shared with the User by the Company.
4. The User undertakes to provide to the Company with accurate and complete information. The information provided by the User for the creation of the account shall be considered as registration information.
5. User shall be responsible for all activities that occur through User’s respective account.
6. In relation to any PII being saved or processed, the Company shall meet the requirement of Information Technology Act, 2000 and rules made thereunder including the Information Technology (reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 as amended thereof, the Digital Personal Data Protection Act, 2023, and the EU General Data Protection Regulation and other applicable law enacted from time to time, which are necessary to secure User PII.
7. If the Company has the reason to believe the information/PII provided by the User is incorrect, false, misleading in nature or otherwise not in accordance with the Terms and applicable law, then the Company shall be entitled to cancel or indefinitely suspend or block access to the Platform and refuse to provide access permanently for such period as the Company deems fit.
8. User understands and agrees that the Company shall not be liable for any unauthorized hacking of Platform or unauthorised access leading to leakage or misuse of PII.
9. User understands and agrees that Company shall not be held liable for any loss or damage arising from such unauthorized hacking and data leakage and User’s failure to comply with these Terms.
User Account
1. User shall be responsible for all activities that occur through User’s account.
2. User agree that the Company shall not be liable for any unauthorized use or access of User account.
3. User understands and agrees that the Company shall not be held liable for User’s failure to comply with the abovementioned clause i.e. clause 5.2.
4. In the event of any breach of security or unauthorized use of account you must notify the Company immediately. The Company shall not have any responsibility for the consequence of failure in case User fails to abide by the abovementioned clause and further agree to fully compensate the Company for any losses or harm that may result.
5. The Company shall not be responsible for any loss that User may suffer as a result of unauthorized access to User’s account and/or use of the Enquiry Management System, and the Company accepts no responsibility for any losses or harm resulting from this unauthorized use, whether fraudulently or otherwise.
Use of Enquiry Management System and Platform
1. The Platform provides to the Tourist access to Enquiry Management System to connect and discuss prospective tour and travel packages with Destination Partner(s). It is clarified that the communication between the Tourist and the Destination Partner may be recorded and stored by the Company to ensure that the Tourist and the Destination Partner conforms to these Terms.
2. The Tourist acknowledges and understands that the Destination Partner is an independent third party using the Enquiry Management System for communicating with the Tourist and does not represent the Company or its directors, employees, associates, partners or suppliers in any form whatsoever.
3. The Tourist acknowledges and understands that, in rare circumstance, the Destination Partner may be changed. Any change in the Destination Partner shall be communicated to the Tourist via a pop-up message on the Enquiry Management System interface for Tourist’s ready reference.
4. The Tourist understands and acknowledges that he or she shall be bound by the terms and conditions of the mode of payments used for collecting fees/payment from Tourist(s). Neither the Company nor the Platform exercises any control over the mode of payments and shall not be responsible or liable in any way with respect to the operation and/or grievance of Tourist’s chosen mode of payment.
Prohibited Conduct on Enquiry Management System
1. Tourist shall not share any PII with the Destination Partner until booking for the tour and travel package is finalised. However, if the Tourist and Destination Partner mutually agree, they may share their respective mobile-number/telephone-number on Enquiry Management System for ease of discussion.
2. Notwithstanding anything in the foregoing, sharing of PII via the Enquiry Management System shall be done by the Tourist and/or Destination Partner at their own risk and the Company and Platform shall not be liable for any misuse and/or leakage of such PII
Intellectual Property Rights
1. For the purpose of this Agreement, Intellectual Property shall mean as defined in Clause 1.1
2. User acknowledges and agrees that all intellectual property rights including trademarks and logos of the Company and the Platform shall vest in the Company and the User shall not indulge in any act that construes that such trademarks and logos of the Company belongs to the User.
3. User acknowledges and agrees that the Company owns all rights, title and interest in the Platform, including the intellectual property in the Platform developed, graphics, and programming code thereto, description, photographs, etc. created/use for the User shall solely vest with the Company.
4. The Company grants the User a limited license to access and make personal use of the Platform and Enquiry Management System.
5. Access or use of Platform does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property Rights.
6. User agrees and acknowledges that this license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Service.
7. User agrees and acknowledges that the User does not have the right to use Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features except as provided in these Terms.
8. The Company shall terminate the accounts, and block access to the Platform of any Users who infringes on the Intellectual Property Rights of the Company/Platform.
Limitation of Liability and Indemnity
1. In no event shall the Company or its directors, employees, associates, partners, or suppliers will be liable to the User for any loss or damage that may cause or arise from or in relation to these Terms or due to use of this Platform or availing services from any third-Party service provider.
2. User agree to indemnify the Company or its directors, employees, associates, partners or suppliers for all the liabilities including claims, damages, suits or legal expenses in defending itself in relation to the foregoing arising due to (i) use or misuse of the Platform (ii) non-performance and/or non- observance of the duties and obligations under these Terms or due to User’s acts or omissions (iii) any act, neglect, misconduct or fraud on the User’s part.
3. User warrants that all the details and information provided by the User to the Company or its directors, employees, associates, partners, or suppliers while using this Platform (including for the purposes of carrying out investments) shall be correct, accurate and genuine.
4. To the fullest extent permissible pursuant to applicable law, the Company and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by the User from the Company or through the Platform will create any warranty or guarantee other than those expressly stated herein.
5. The Platform and all content and Enquiry Management System provided on the Platform are provided on an "as is" and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Company makes no warranty, and expressly disclaims any obligation, that:
  
  a. the Platform will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; or
  
  b. the results that may be obtained from the use of the Platform or Enquiry Management System offered through the Platform will be accurate or reliable;
Communication Policy
1. The Company may offer/provide/share/send to User from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile platform or any other physical, electronic or digital means/mode information and/or updates with regard to platform.
2. User hereby agree that the Company may contact User either electronically or through phone, to understand User needs in the Platform.
3. The User understands and agrees that the Platform is acting solely as an intermediary for this purpose and assumes no responsibility or liability for the content, accuracy, security, or any other aspect of the electronic communication.
4. The User agrees to hold the platform/Company harmless from any claims, actions, losses, damages or liabilities (consequential or inconsequential) that may arise with respect to data security, privacy or confidentiality. The electronic transmission, data security, privacy and confidentiality shall be governed by WhatsApp/email service provider’s respective policies.
5. User will indemnify and hold harmless the Company and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which the Company or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
  
  a. misuse by User or improper or fraudulent information provided by User;
  
  b. incorrect number or a number that belongs to an unrelated third party provided by User.
Privacy Policy
1. The Company shall be committed to ensuring that the information furnished, as a part of registration process mentioned above, is secure and no unauthorized access or disclosure takes place with respect to the same. The Company has installed internal checks and mechanisms to ensure the same.
2. Purpose of collecting PII: The major purposes for the collection of PII are listed below:
  
  a. For improving Enquiry Management System and information received using the Platform;
  
  b. For keeping internal records;
  
  c. For market research purposes;
  
  d. For the purpose of enhancing Your experience
3. In case User changes its mind and wish to discontinue sharing PII, Users may visit their account and manage the settings to opt out or may express such intention by emailing the Company at [email protected] .
4. The Company at all times reserves the right to disclose any information as may be required by law. This may include disclosure of information for investigation of an alleged illegal activity or its response to a lawful court order.
5. The Privacy Policy applies to current and former Users of the Platform. To know more about the Company’s policy on collection and use of data, please go through our Privacy Policy.
Confidentiality
1. User acknowledges that in course of User’s relationship with the Company and in using the Platform, User may obtain the following, including but not limited to (hereinafter referred to as “Confidential Information”):
  
  a. PII relating to Tourist(s);
  
  b. Commission structure of the Company;
  
  c. Trade-secrets, including but not limited to, purpose and functioning of the Enquiry Management System;
  
  d. Ideas; and
  
  e. Future services and expansion plans
2. User shall not use except as expressly authorized by this Agreement) or disclose Confidential Information without the prior written consent of the Company unless such Confidential Information becomes generally publicly available without User’s breach of this Agreement.
3. User agree to take reasonable measures to maintain Confidential Information in confidence.
Grievance Redressal

The Company has designated Ajay Kumar as grievance officer to redress the grievances of the Users. The aggrieved User may submit their grievances by addressing to:

By email: [email protected]

By Post/mail- B-214 Tower B, the Forest Residency, Dehradun, Uttarakhand
Disclaimer of Warranty

THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF THE USE OF THE PLATFORM OR CONTENT ON IT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OF THE USER, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE PLATFORM AND CONTENT ON IT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY COMPANY ENQUIRY MANAGEMENT SYSTEM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF THE USE OF THE PLATFORM OR THE CONTENT THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS OF THE USER, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE FOUNDIT CONTENT, ENQUIRY MANAGEMENT SYSTEM, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE PLATFORM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM AND THE CONTENT ON IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Images and Visual Content

ALL IMAGES AND VISUAL CONTENT USED ON OUR PLATFORM HAVE BEEN DULY LICENSED FOR USE. WE MAKE EVERY EFFORT TO ENSURE THAT WE HAVE THE NECESSARY RIGHTS AND PERMISSIONS FOR THE IMAGES USED. HOWEVER, IF YOU BELIEVE THAT ANY IMAGE HAS BEEN USED INAPRORPIATELY OR WITHOUT PROPER AUTHORISATION, PLEASE CONTACT US AT [email protected] SO THAT WE CAN PROMPTLY ADDRESS THE ISSUE.
Modification and Amendment
1. The Company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms and any other policy related thereto. The Company shall, at least once in a year, display on the Platform regarding any changes/updates/amendments/revisions/modifications effectuated in the Terms and any other policy related thereto. The continued access or use of this Platform after such changes/updates/amendments/revisions/modifications signifies User’s acceptance of the updated/changed/amended/revised/modified Terms. Be sure to return to this page periodically to review the most current version of Terms.
2. Company reserves the right to discontinue or suspend, temporarily or permanently, the Enquiry Management System, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Enquiry Management System and/or Platform or maintain the security and integrity of the Enquiry Management System. User agrees that Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the Enquiry Management System.
3. User agrees not to use the Enquiry Management System for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of other.
Force Majeure

If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Company shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its Enquiry Management System/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, pandemics, government mandated lockdown/quarantine measures, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
Dispute Resolution

Jurisdiction over any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with these Terms or the transactions contemplated hereby shall lie exclusively with the courts at Dehradun, Uttarakhand, India, and the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
Entire Agreement

These Terms, together with the other guidelines, rules, terms, conditions and/or policies of the Platform, including the Privacy Policy and any other arrangement/agreement in relation the Enquiry Management System, constitute the entire agreement between the User and the Company/Platform and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and the Company/Platform pertaining to the subject matter hereof.
Survival

Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability and Indemnity, Disclaimer of Warranty, Intellectual Property Rights , Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.

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